Property encroachment: what to do when your wall extends onto your neighbour's land

Imagine: you have just bought a house in Dieppe, rue de la Barre. Looking out the window, you realise that your neighbour's party wall protrudes 15 centimetres onto your land. What should you do? Must he demolish it? Can he keep the advantage by paying you compensation? This is precisely the question the Court of Cassation decided in 1972 in a case from Strasbourg.

This decision, little known but still relevant today, sets out a clear principle: local custom does not justify encroachment. The owner whose wall encroaches must restore the premises to their original state, even if that means demolition. But be careful, the solution is not always as simple as it seems.

In this article, I explain the facts, the judges' reasoning and, above all, what this means for you, whether you are an owner in Yvetot, a tenant in Rouen or a buyer in Dieppe. Practical tips will help you avoid – or resolve – this type of dispute.

The facts: a story like those that happen every day

We are in Strasbourg, in the 1960s. The société civile immobilière du … (which we will call the SCI) owns a piece of land. On the dividing line, a 'cheval' – no, not the animal, but a construction element shaped like a horse – is attached to the party wall. This 'cheval' protrudes onto the neighbouring land, owned by an individual, Mr X. The encroachment is modest, but it is real.

Mr X does not appreciate this intrusion onto his land. He demands the demolition of the 'cheval' and restoration of the wall. The SCI resists: 'This practice is common in Strasbourg,' it argues. 'For decades, owners have built this way. It is part of local custom.' The first instance court agrees with it: local custom prevails, and the 'cheval' may stay.

Mr X appeals. The Colmar Court of Appeal reverses the judgment: local custom cannot justify a violation of property rights. The SCI must demolish. The SCI appeals to the Court of Cassation. The Court of Cassation confirms: encroachment is not justified by local custom. It refers the case back to the Nancy Court of Appeal to set the terms of demolition and, possibly, damages.

This case illustrates a classic conflict: on one side, the owner who wants to enforce his property right (sacred principle of Article 544 of the Civil Code); on the other, the person who invokes a de facto tolerance. The Court of Cassation chose: property rights prevail over customs, even longstanding ones.

The court's reasoning — explained

To understand the decision, you need to grasp two legal concepts: encroachment and local custom.

Encroachment is when a construction extends onto another's land, even by a few centimetres. In French law, this is a violation of property rights (Article 544 of the Civil Code: 'Property is the right to enjoy and dispose of things in the most absolute manner, provided they are not used in a way prohibited by laws or regulations.'). The neighbouring owner can demand demolition of the encroaching part without having to prove damage. The mere existence of the encroachment is sufficient.

Local custom is a repeated practice in a region or city, which can sometimes create rights (for example, a right of way by destination of the head of the family). But the Court of Cassation has always been strict: local custom cannot create a property right or easement without a title. In this case, the SCI invoked a Strasbourg custom to justify the encroachment. The Court rejected this argument: local custom cannot override property rights.

The judges applied Article 1240 of the Civil Code (liability for fault: 'Any act of a person which causes damage to another obliges the person by whose fault it occurred to make reparation.'). By building the 'cheval' on the dividing line with an encroachment, the SCI committed a fault. It must make reparation by restoring the premises to their original state – that is, by demolishing the 'cheval'.

This decision is consistent in French case law. Courts consider that encroachment is a violation of property rights, and that demolition is the natural remedy. Judges can sometimes allow an alternative (compensation in exchange for maintaining the encroachment), but only if the victim owner agrees. Here, the Court ordered restoration.

So what to remember? Local custom is not an excuse to encroach. Property rights are absolute.

What this means for you — practically

You are an owner in Yvetot and your neighbour has built a garage that protrudes 20 cm onto your land? You can demand demolition. You do not need to prove that it bothers you. The encroachment alone justifies your claim.

But be careful: if you let it go for a long time (generally 30 years), your neighbour could acquire an easement by prescription. The action for demolition is barred after 30 years from the encroachment. If the wall was built 35 years ago, you have lost your right to demand demolition. You can only obtain damages.

For tenants: if you rent a property with an encroachment, inform your landlord. It is for him, as owner, to act. You can also request a rent reduction if the encroachment interferes with your enjoyment.

For buyers: before buying a house in Dieppe, check the land boundaries. An encroachment may be discovered after the sale. In that case, you can take action against the seller for hidden defects (Article 1641 of the Civil Code) or against the neighbour for demolition. But it is simpler to prevent: have a boundary survey carried out by a chartered surveyor.

Example with figures: imagine a boundary wall in Yvetot that encroaches 30 cm over 10 linear metres. Demolition costs about €2,000 to €5,000. Legal costs can reach €3,000 to €8,000. In total, the dispute can cost €10,000. Better to negotiate amicably or regularise by selling the land.

If you are in this situation, you should: 1) have the encroachment recorded by a bailiff or surveyor; 2) send a registered letter to the neighbour; 3) if refused, apply to the judicial court. Timeframe: proceedings take on average 12 to 18 months.

Four tips to avoid this type of dispute

• Have your land surveyed before any construction. Boundary marking (Article 646 of the Civil Code) officially delineates properties. A chartered surveyor will place boundary markers. Cost: €1,000 to €2,500. It ensures you do not encroach.
• Check your house plans. If you are buying, ask for the cadastral plan and the planning certificate. Compare with the actual land. A gap of a few centimetres may hide an old encroachment.
• Negotiate an easement if the encroachment is minor. If your neighbour has built a small awning that protrudes 5 cm, you can accept compensation (e.g. €500) in exchange for an easement of overhang. This avoids demolition and costs.
• Keep all documents. Sale deeds, plans, photos, correspondence. In case of dispute, this evidence is crucial. If you bought with a known encroachment, you cannot act against the seller.
• Consult a specialist lawyer at the first signs. A well-written letter alone may be enough to make the neighbour back down. Legal action is lengthy and costly.

Besoin d'un conseil personnalisé ? Contactez Maître Zakine — première consultation 30 min à 45€.

Further reading: related case law and developments

The Court of Cassation has reaffirmed this principle several times. For example, in a judgment of 20 November 2013 (No. 12-24.847), it held that encroachment of a building onto neighbouring land constitutes a violation of property rights, regardless of the extent of the encroachment. Even a balcony that protrudes 10 cm must be removed.

Another decision of 2015 (No. 14-17.544) clarified that the action for demolition is not abusive if the encroachment is proven. The victim owner can demand demolition without having to prove damage. The mere existence of the encroachment is sufficient.

The trend of the courts is therefore very protective of property rights. Local custom is no longer a valid defence. This means that owners must be vigilant: even a minor encroachment can be sanctioned.

For the future, the question arises in co-ownerships: can encroachment between two units be tolerated? Case law is more nuanced. The co-ownership regulations may provide for easements. But in the absence of a title, the principle remains the same.

Summary and next steps

FAQ – Property encroachment

1. Can I demand demolition of a wall that encroaches on my land?
Yes, you can demand demolition without having to prove damage. It is your absolute property right (Article 544 of the Civil Code).

2. Is there a time limit to act?
Yes, the action is barred after 30 years from the encroachment. After that, you can no longer demand demolition, only damages.

3. What if the encroachment is very minor (a few centimetres)?
You can negotiate an easement of overhang with your neighbour, in exchange for compensation. This avoids demolition and legal costs.

4. Can I act if I am a tenant?
You must inform your landlord. It is for him to act as owner. You can request a rent reduction if the encroachment bothers you.

5. How much does an encroachment procedure cost?
Expect €3,000 to €8,000 in lawyer and bailiff fees, plus surveyor fees (€1,000 to €2,500). Demolition costs €2,000 to €5,000. In total, a dispute can reach €10,000 to €15,000.

In summary: encroachment is a violation of property rights. Demolition is the rule. To avoid it, have your boundaries marked and check the limits. If you are a victim, act quickly.

Are you in a similar situation? A first 30-minute consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →